BEAVERTON CITY COUNCIL                                  
REGULAR MEETING
JANUARY 22, 2007
                       
CALL TO ORDER:

The Regular Meeting of the Beaverton City Council was called to order by Mayor Rob Drake in the Forrest C. Soth Council Chamber, 4755 SW Griffith Drive, Beaverton, Oregon, on Monday, January 22, 2007, at 6:36 p.m.

ROLL CALL:

Present were Mayor Drake, Couns. Catherine Arnold, Betty Bode, Bruce S. Dalrymple, Dennis Doyle and Cathy Stanton. Also present were City Attorney Alan Rappleyea, Assist. City Attorney Bill Kirby, Chief of Staff Linda Adlard, Finance Director Patrick O'Claire, Community Development Director Joe Grillo, Public Works Director Gary Brentano, Library Director Ed House, Human Resources Director Nancy Bates, Police Chief David Bishop and Deputy City Recorder Cathy Jansen.

PRESENTATION:                  

07015  Human Rights Advisory Commission 2006 Diversity Awards

Mayor Drake introduced Human Rights Advisory Commission (HRAC) Chair Susi Brothers and Staff Liaison to the HRAC Nicolle Wynia-Eide. 

HRAC Chair Susi Brothers said the Commission was proud to present the 2006 Diversity Awards.  She said the HRAC was established in 2003 and she asked the Commissioners who were present to stand and be acknowledged.  She said the purpose of the awards was to recognize individuals, community groups, and businesses within the Beaverton Urban Services Boundary that have demonstrated outstanding achievement and commitment to the pursuit of cultural diversity and advocacy of basic civil and human rights.  She reviewed the criteria for the awards (in the record). 

Brothers reviewed the accomplishments of each of the award winners and Mayor Drake presented the 2006 Diversity Awards, as follows: 

The Individual Achievement Award was presented to Wade Willis, former drama teacher at Southridge High School for his dedication to creating a better understanding between different cultures and communities in Beaverton.  Through the production of the play The Laramie Project at Southridge High School, Willis used the theater to promote meaningful exploration of individual differences.  This play had a lasting impact in the community and inspired many to work towards tolerance, understanding and justice. 

The Business and Industry Award was presented to IBM Beaverton, the Women in Technology Diversity Group, who sponsored and hosted a week-long camp for middle school girls to demonstrate that science and technology can be interesting and rewarding career choices for females.  Employees from IBM continue to mentor the camp participants throughout the school year.  Sheri Terbenche and Pat Gaun accepted the award for IBM.

A Certificate of Appreciation was presented to Beaverton Police Sergeant Adam Spang for his work with the Somali and Bantu populations in Beaverton.  Spang learned about the Somali and Bantu resettlement program and their cultures.  He shared his knowledge with his fellow police officers and organized an event to introduce them to the communities.  He has worked to create new programs for the Somali and Bantu people to help ease their transition into the Beaverton community.  He is also working on a committee to help Washington County's Somali community.   

Brothers invited the honorees, and their families and friends to a reception being held in the First Floor Conference Room. 

07016  Mayor's Diversity Award Presentation

Mayor Drake said when he took office as Mayor in1993, one of his goals was to establish a Human Rights Advisory Commission.  He said the HRAC was first established as an ad-hoc committee of the City and in 1994 the Council adopted the HRAC as a standing City commission that was incorporated into the City Code.  He noted the first HRAC Chair was Coun. Betty Bode.  He said four years ago the HRAC developed the Diversity Awards Program and this year he decided to enhance the Program by adding a Mayor's Diversity Award.  He said the Mayor's Award will recognize a group or individual that the Mayor feels should receive this honor. 

Mayor Drake said that one group that has worked hard to promote diversity, tolerance and understanding, especially after the tragic events of September 11, 2001, was the Bilal Mosque Association.  He introduced Association President Shahriar Ahmed.  The Mayor noted these were trying times in the world and challenging times locally as Washington County grows in population and diversity.  He said a lot of great work has been done to promote understanding and tolerance, and to get many diverse groups to respect each others differences and work together.  He said he met Ahmed shortly after the events of 9-11 and Ahmed has been unfaltering in his efforts to reach out to others to promote understanding.  He thanked Ahmed for his work and he presented the Mayor's Diversity Award to Ahmed for the Bilal Mosque Association. 

President Shahriar Ahmed said this event was a testimony to what Oregonians and specifically what Beavertonians and local leaders were all about.  He said this was a wonderful way for the Council and citizens to tell the people that this was home.  He thanked everyone for the award.

Mayor Drake thanked Ahmed and everyone for attending.

07017  Presentation by Community Action Organization

Mayor Drake introduced Jerralynn Ness, Executive Director, Community Action Organization (CAO) of Washington County, who updated Council on the CAO's activities.  

Ness said it was a pleasure to visit the City.  She said Beaverton was an important service area for the CAO; they were mindful of the needs of the community and of the strong partnership the CAO has with the City.  She introduced her two Program Directors Renee Bruce and Marilyn Harrison.  She said the CAO has provided services to low-income families in Washington County since 1965.  She said Beaverton had the largest number of families who seek help from the CAO; 40% of the people the CAO serves reside in Beaverton and 45% of the children in the Head Start Program are from Beaverton.  She showed a short video of the Head Start Program. 

Ness reviewed the CAO's Head Start Program, noting there were 12 Head Start classrooms in six Beaverton schools and they operate out of 11 sites in Beaverton.  She said one-third of the Board Members live in the Beaverton area; she noted that Mayor Drake has served on the Board and Coun. Stanton has been the Mayor's designee  since 2002. She said they appreciated their service and stable support.  She noted the CAO partnered with the City and through the use of Community Development Block Grant funds was able to have a stable facility for the Head Start Program in Beaverton. 

Ness said the CAO was working with the Tualatin Valley Housing Partners to establish a shared facility in Beaverton on First Street, where they would offer heating and rent assistance to Beaverton-area residents.  She said in their Energy Assistance Program they partnered with other agencies that take applications for assistance and help offer energy assistance.  Last year 2700 Beaverton households received energy assistance that totaled over $1 million in payments to energy providers.  She explained that all Portland General Electric customers have a charge of 33 cents on their utility bill; that money goes into a pooled fund and CAO administers the fund to provide energy assistance to people in need.  Through this program they have helped 8,000 residents throughout Washington County.

Ness explained that the City provides funding for the Child Care Resource and Referral Program that provides child care in the community.  She said through this Program they assisted 605 families obtain child care and trained 587 child care providers to improve the quality of care.  She said the CAO organized a group of volunteers to conduct a census this week on the number of homeless people in Washington County.  She said last year 304 Beaverton residents volunteered 2700 hours to the CAO. 

Ness reviewed service statistics for other CAO programs from July 1, 2005, through June 30, 2006.  She said in the Emergency Rent Assistance Program they prevented 125 Beaverton families from becoming homeless.  In the Housing & Homeless Services Program they provided shelter to 16 Beaverton families who became homeless and worked with the Beaverton School District to ensure that 74 homeless children were able to stay in school.  She said the CAO provides the phone companies with the database for the Information & Referral Service phone number (211 information line); last year over 5500 calls were received from Beaverton residents looking for assistance.  She said through the Weatherization Program they helped 374 Beaverton households reduce their energy bills. 

Ness said the Opening Doors Program was an outreach program to help high-risk low-income pregnant women have healthy babies and strengthen their parenting skills; they helped 155 women from Beaverton ensure a healthy birth.  She said before this Program only 45% of high-risk women had healthy births; they now have a healthy birth rate of 92-96% with the support from this Program. 

Ness concluded by noting the CAO responded to over 10,600 requests for help from Beaverton families, with a wide range of services.  She said they are able to do this with the help from the City, from community volunteers and from private donors. 

Coun. Bode thanked Ness for her report.  She said that it was important for the citizens to see the amount of poverty in Beaverton and the social services that are available.  She asked for information on the homeless shelters and how the shelters are funded by the local levy.

Ness explained that the Washington County Safety Levy that passed in 2006 included funding for the four shelters in Washington County (Good Neighbor Center in Tigard; Domestic Violence Resource Center; Shelter Home in Hillsboro; and a shelter program provided by a group of churches on the west side of the County).  She said all of these programs receive support from the safety levy.  She said the CAO is the lead agency in the County for homeless services and works closely with these shelters.  She said people call the CAO when they need shelter; then the CAO coordinates their placement into a shelter.  She said the levy provides $550,000 annually to the shelter network.  She said they currently have 110 beds with full occupancy every night. 

Coun. Stanton asked if CAO had full facilities to provide service to all eligible children, how many children could they serve.   

Program Director Marilyn Harrison said Head Start currently serves almost 50% of the income-eligible children.  She said the Federal level for low-income families is currently $20,000 for a family of four. 

Coun. Stanton said she would defy anyone at this meeting to live at the Federal poverty for a family of four.  She stressed the CAO is only able to help 50% of the eligible children because they do not have the necessary facilities.  She strongly urged citizens to talk to their State legislator, because the Legislature will be looking at funding for Head Start since the Federal government is cutting back its funding.   

Coun. Doyle thanked the CAO for its services.  He asked where the largest gap was in services. 

Ness said expanding services required additional facilities which is directly related to obtaining new funding.  She said if new funding becomes available it would be used to support the facility package.  She said the CAO was preparing for the possibility of doubling the Head Start Program for there is a great deal of support for it; funding will depend on the Legislature.  She said that in Washington County a family of three earning $32,000 annually is at the poverty level; yet, they are not eligible for some of the CAO's emergency services CAO.  She said they are talking to employers about what they can do to bridge the gap when income is not sufficient.  She said until they have affordable health care, affordable housing and affordable child care, people who are working full time and earning less than $15.00/hour will struggle with poverty issues.  She said the CAO tries to help with rent assistance so people will not become homeless.  She said they received between 400 to 500 calls per month for rent assistance; they can only help about 40.  She noted the demand for the pregnancy support program was great but they were only able to help about one-third of the number of women they used to help when it was fully funded.  She said that has a long-term impact on children’s lives.

Coun. Doyle said he hoped the Legislature could help this next session.

Coun. Arnold asked how many Somalian refugees had come into the County and City and what type of aid they receive.   

Harrison said there was an active group of local people from various agencies assessing the needs of the Somali families and helping as much as possible.  She said the interpreters were extremely busy.  She said they started a Head Start Program for children from birth to three-years old in the Fir Crest Apartments where many Somali families reside.  She said the Beaverton School District has done a lot to support the Somali families and get the children into schools.  She said there were over 5,000 Somalians in Washington County and the majority lived in Beaverton. 

Harrison said the CAO has a multi-service center in Hillsboro where central services are located.  She said Beaverton has become the largest community that they serve.  She said she would like to see one consolidated facility for Beaverton from which all of their services could operate; that would make a real difference for Beaverton.

Mayor Drake thanked them for their presentation.

Ness thanked the Mayor and Council for their long-time support.

VISITOR COMMENT PERIOD:

Mark Jackson, Program Director, REAP (Reaching and Empowering All People) Incorporated, thanked Mayor Drake for agreeing to give the opening remarks at the upcoming African/African-American Student Leadership Conference at Westview High School in February, 2007.  He said the Conference was designed to engage community participation to affirm students as leaders and life-long learners.  He said along with Mayor Drake, 30 African and African-American business leaders would present workshops and sessions at the Conference.  He invited all interested community members and students to attend.  

Fatima Wilson, Samuel Mequanint and Isiah Keel, Westview High School students, explained they were excited about this conference as it will provide the opportunity to share information about many African cultures and communities.  They said through this conference they were trying to close the gap between African-Americans and Africans from African communities, by providing the opportunity to learn more about each other and their cultures.   

Henry Kane, Beaverton, submitted copies of a letter he wrote dated January 22, 2007, regarding the City's possible appeal of the Nike judgment.  He said in the letter he included a number of suggestions designed to assist the Council in making an informed decision on the likelihood of whether or not an appeal would be successful.

COUNCIL ITEMS:

Coun. Bode said that the Martin Luther King Day Celebration on Sunday, January 14, 2007, was very successful.  She said the City partnered with other groups to develop the program and it was the best program they had ever presented.  The Southminster Presbyterian Church had standing room only and that showed that the community still cares and wants to keep King's thoughts alive and that people need to take care of one another. 

Coun. Stanton said on January 26, 2007, there would be a Sustainability Summit at Washington County Public Services Building presented by the Vision Action Network.  She said people could call 503-846-5792 for information.  She said this deals mainly with social sustainability and for those who want to understand livability issues, this Summit would be a good resource. 

STAFF ITEMS:  

There were none.

CONSENT AGENDA:

            Coun.  Doyle MOVED, SECONDED by Coun. Bode, that the Consent Agenda be approved as follows:

Minutes of the Regular Meetings of December 11, 2006, and January 8, 2007

07018  Boards and Commissions Appointments - Kevin Hoover to Beaverton Arts Commission and Deborah Borchers to Citizens with Disabilities Advisory Committee  

07019  Traffic Commission Issue No:
-TC 602: Parking Restrictions on SW Mesa Court and Blakeney Street
-TC 603: Speed Zoning Near the Intersection of SW 92nd Avenue and Allen Boulevard
-TC 604: Stop Signs on SW Palomino Place and Saddle Drive at Stallion Drive
-TC 605: Short-term Parking on SW Broadway
-TC 606: Parking on SW Stratus Street

07020  Authorization to Purchase Property From TriMet at SW 160th and TV Highway and Transfer Resolution  (Resolution 3889)

07021  Approve Request of Residents in the Peterkort Area to Become Involved in the Neighborhood Association Committee (NAC) Program and Designate that this Area be Temporarily Included in the Central Beaverton NAC

Coun. Stanton said she found it disconcerting that there was no recommendation for Traffic Commission Issue TC 604 (Agenda Bill 07019) because it looks like a recommendation was being made when nothing was brought forward from the Traffic Commission. 

Coun. Stanton also noted that she had minor revisions to the minutes that she gave to the City Recorder.

Coun. Doyle said he was pleased to see that the Peterkort area residents were being incorporated into the Central Beaverton Neighborhood Association Committee (Agenda Bill 07021)  He thanked staff for setting this up. 

Question called on the motion. Couns. Arnold, Bode, Dalrymple, Doyle and Stanton
voting AYE, the MOTION CARRIED unanimously. (5:0)  Coun. Dalrymple abstained from voting on the December 11, 2006, minutes as he was excused from that meeting.

RECESS:

Mayor Drake called for a brief recess at 7:41 p.m. 

RECONVENED:

Mayor Drake reconvened the meeting at 7:51 p.m.

PUBLIC HEARING:                

07022 An Ordinance Regulating the Possession of Replica Firearms in Public Places

Police Chief Dave Bishop said he was pleased to present this ordinance and introduced Police Officers Andrew Halbert and Mike Hanada, and Assistant City Attorney Bill Kirby, who were present to answer questions.  He said this ordinance was introduced at a work session on December 11, 2006, and staff still supported its recommendation to adopt the ordinance.  He said the objective of the ordinance was to protect the community, the police officers and the individuals using the replica (airsoft) toy guns.  He said this ordinance was intended to stop a problem before it begins.  The ordinance would not ban the sale of replica firearms; nor would it ban the possession of replica firearms in a citizen's home or private property.  He stressed this ordinance would cover toy guns that look like real guns; not toy water pistols.  He said if the ordinance was adopted, the next step would be to educate citizens about this problem and the ordinance.  He said educational brochures would be distributed to schools, at neighborhood association committee (NACs) meetings and to the merchants who deal with replica firearms. 

Bishop said he was proud of this ordinance as it came from Beaverton Police Officers who have dealt with this problem every day.  He said in the past 18 months, the City had 26 calls for service pertaining to replica firearms.  He said six of those calls were in schools and required lockdown of the facilities.  He explained that the Police Department received calls and e-mails from people who thought this was an anti-gun ordinance.  He stressed this does not cover true firearms; real firearms were governed by Federal law and State statutes.  He repeated this ordinance only pertains to replica toy guns that look like real guns and can cause serious problems. 

Coun. Doyle asked what feedback the Police Department had received since the work session in December. 

Bishop said the Police Department and the Mayor's Office had received several e-mails.  He said the majority of the e-mails dealt with true firearms and not toy replicas.   He said they received a great deal of positive support from law enforcement agencies throughout the country, including other jurisdictions in Oregon.

Coun. Doyle said he felt comfortable with the ordinance; it would be a middle-of-the-road approach and still allow people to use the replica guns for entertainment.  He said the most important thing to him was to spare an officer or a family the tragedy of a shooting that may be caused by one of these guns.  He said if this would help the police do their job so that they do not encounter this situation, it will be a sensible and palatable ordinance. 

Bishop said they were not suggesting that this would eliminate all the problems in the schools; however, it would be a definite deterrent to having someone carry a gun into a school and cause a serious situation.   

Coun. Bode asked staff to clearly explain where the replica toy guns would not be allowed per this ordinance. 

Assistant City Attorney Bill Kirby replied that Section 5.08.260, Prohibitions, prohibits the possession of a replica firearm in a public place and on school premises, and prohibits pointing or discharging a replica firearm at another person in a public place.  He reviewed the exceptions in the ordinance.  He said the first exception requires that in  a public place replica guns be carried in an opaque container so that the gun cannot be seen.  Second, if a replica gun is being used in a school theater as part of a play or presentation, the ordinance allows for a school employee to transport the gun in an opaque container.  He stressed that people need to be careful that if they are transporting the replica guns in a public place, that it be done lawfully.  He said a third exception is that if the replica firearm is brightly colored or translucent, so it is easily  identified as a toy, then it is allowed in a public place.  He said a police officer, seeing a brightly colored or translucent replica gun, should know based on the color and circumstances, that it is a toy gun

Kirby said the ordinance uses the same definition of public place as that used by State law.  He said police officers were very familiar with what "public place" means; streets, sidewalks, public parking lots are all public places.  He said the inside of a home, a front or back yard were not public places.  He said in an apartment building, the office lobby would be a public place; however, locked areas that require a key for entry (pool area) would not be a public place.  He reiterated that police officers work with the definition of public place frequently and they are very familiar with it.

Coun. Arnold asked if the brightly colored or translucent guns could be shot in a public place. 

Kirby replied that Section 3 of the ordinance addresses the type of projectiles that can be used in the toy guns.  He said the ordinance allows paintballs and small plastic balls to be discharged, so long as they are not discharged at a person in a public place.    
Coun. Arnold referred to a comment made earlier that a police officer could assume that a colored or translucent airsoft (replica) gun was a toy.

Kirby said the police officer would make the decision based on the circumstances to which he was responding.  He said this was a police judgment call not a legal issue.

Bishop clarified that all toy guns were banned in schools.

Police Officer Andrew Halbert said that toy guns that were transparent, fluorescent, or brightly colored were easy to identify in the day time.  However, if it was dark outside, and the gun was a dark fluorescent color, the officers have to make a split-second decision and evaluate each incident on its own merit.  He said bright colors significantly help to alleviate the issue of confusing a toy with an actual firearm, depending on who had the gun and what was happening. 

Coun. Arnold said she read cases where people were painting real guns to look like toy guns and that airsoft guns could be modified to be a deadly firearm by replacing low-pressure air canisters with those containing carbon dioxide gas.  She questioned whether police could make an assumption that if a toy gun was colored or translucent, that they wouldn’t have to worry about it being a dangerous gun. 

Halbert said that it was not possible to cover everything in the ordinance.  He said they were trying to control replica firearms that create public disruption and it was more obvious that the translucent guns were replicas.  He said they were trying to protect the community by controlling the replica firearms that look significantly like real guns.

Coun. Arnold repeated that the assumption that the gun was a toy if it was brightly colored or clear was not true.  She said her concern was that when her son bought a replica gun, she thought of it as a toy; it did not occur to her that it could ever be perceived differently.  She said she read cases where these guns were used in drive-by shootings.  She said she did not want parents to assume that their children would be safe outside playing with these colored weapons and that there was no way that they would ever be misperceived as real guns. 

Halbert said it was not 100% accurate as there were a variety of circumstances that officers could be involved in, where they could reasonably perceive that it was a real firearm. 

Police Officer Mike Hanada said that the color was significant because it would play a role in the decision making.  He said the color factor makes it easier to identify as a toy, depending on the circumstances.   

Coun. Arnold said she was concerned about the color and translucents as that does not guarantee safety 100%.

Hanada agreed there was no 100% guarantee.

Bishop said there has to be a beginning and the purpose of this ordinance was to deal with the obvious.   He said as they work with this ordinance, they will measure its effectiveness and identify issues where further action is needed.  He said they were starting by dealing with the obvious replica guns that look real. 

Coun. Stanton asked what the definition of opaque would cover. 

Kirby said that anything that does not permit the transmittal of light was opaque. 

Coun. Stanton read the statistics from the December 11, 2006, minutes as follows:  1) it took an average of 80.64 minutes to handle an average gun call; 2) it takes almost all the officers on the shift to handle the call for over an hour; 3) the average cost for each call was $271.37; and 4) $4,884.58 was spent on officers investigating toy guns, believing that they were real.  She asked if the $271.37 was per officer or per incident with all officers involved; and what encompassed the $4,884.58. 

Hanada said $271.37 was the total cost for all the officers per each call.  He said the $4,884.58 was the total spent for the 18-month period that they measured. 

Coun. Stanton said that besides safety and livability issues, the Council has to do budget each year and these costs have to be considered.  She said in looking at this ordinance, she was only considering normal situations; not extreme situations such as real guns that were painted a bright color.   

Bishop clarified that there have been 30 incidents to date, rather than 26. 

Coun. Dalrymple asked if automobiles could be considered opaque containers.  He said that many youth drive and have replica guns that they toss into the seat as they travel.  

Kirby replied that an automobile was not an opaque container but he pointed out that the inside of an automobile was not a public place; it would be a private place. 

Bishop agreed that the inside of an automobile was a private place.  He said if an officer stopped a driver with a replica in his car seat, he would want to know if it was a real gun, but it would not be a violation of the law. 

Coun. Dalrymple said he was concerned about education and citizen awareness.  He asked if the ordinance was adopted, what would happen in one to five years from now as people move into the area or as children reach the age when they start playing with the replica guns.  He asked how the City would ensure that people would understand the regulations. 

Bishop replied that education would be on-going through the schools.  He said the City would be proactive in its on-going education program because the intent of the ordinance was to protect the community.

Coun. Stanton said that the Beaverton School District puts out a student handbook every year that contains all the school policies and this would probably be added to the handbook.   

Mayor Drake opened the public hearing.

Scott Porter, Beaverton, said he allowed his son to play with an airsoft gun on private property at a friend's house.  He said in viewing the toy Uzi that was displayed, he did not feel this ordinance went far enough; he thought the replicas should be banned entirely.  He said he was apprehensive that if his son were in an odd situation involving police, confusion might occur and he could be the innocent victim.  He said he was an ardent supporter of the police and he urged that the Council pass the ordinance.

Coun. Stanton said that there were First and Second Amendment issues involved with replica guns so the City could not ban them entirely.   

Coun. Arnold asked if the First or Second Amendment applied to this issue.

Rappleyea replied the First Amendment (freedom of expression) was involved and there may be commerce clause issues if the City tried to ban these toys.  He said there could also be preemptions in Federal regulations, so the City was recommending steps to address police concerns.   He said he did not believe Second Amendment issues (right to bear arms) were affected.  He said the recommendation to limit the scope of the ordinance to public places was to avoid these issues.

Martin Claxton, Portland, said that though he was not affected by the ordinance, he was alarmed when he read about it, for he owns an airsoft rifle and pellet guns that he uses for target shooting on his private property.  He said in discussing the ordinance with staff, his concerns were alleviated.  He said he understood and agreed that airsoft guns do not belong in a public place, because of police concerns and safety.  He said he thought Section 3, Subsection A of the ordinance regarding discharging a weapon was peculiar.  He said under the current language in that section, if he is on private property in the City he can discharge a firearm providing it stays within the bounds of his private property; yet Subsection B prohibits discharging of air guns, bow and arrows, or slingshots.  He said he was puzzled by those two sections. 

Rappleyea agreed those sections could be confusing.  He said that might be due to State law; Subsection B was an older section of the Code and was not changed from the original ordinance.  He said State law preempts the City's ability to regulate firearms within the City.  He said Subsection A may comport perfectly with the statute; the City was prohibited from changing Subsection B because of State preemption. 

Mayor Drake said he thought Washington County recently enacted gun regulations.

Claxton said the County enacted a No Shooting Zone as the result of a person who shot a deer in unincorporated Washington County.  

Rappleyea said No Shooting Zones were allowed under State statutes.  He said there were bizarre rules regarding shooting real firearms in urban areas that were preempted from local regulation under State law.  He said that Code section was not analyzed for the purposes of this ordinance, but staff could review it.

Coun. Stanton questioned what types of firearms were preempted by State law.

Rappleyea said the regulation of real firearms was preempted under State law.  He said BB guns were prohibited; they can be used at firing ranges within the city, but they cannot be shot anywhere else in the city. 

Coun. Arnold said Claxton offered valuable testimony and she would like to understand the section he questioned also.

Claxton said he felt the ordinance prohibiting the use of airsoft and BB guns was too harsh because with prudent judgment and proper precautions these weapons could be shot safely within the confines of private property. 

Eric Motto, Beaverton, said he appreciated the Police Department's excellent service and the officers' concern regarding this issue.   He asked if the ordinance wouldn’t overreact to airsoft guns.  He also asked if guns with a blaze orange tip would be an exception for either a toy or an airsoft gun.  He showed several of his children's toy guns and asked if they were covered under this ordinance and subject to fines. 

Rappleyea responded that the ordinance covers any device that substantially resembles a firearm or can easily be perceived to be an actual firearm.  He said the police would use discretion based on individual circumstances.  For example, if a police officer observed a young boy playing in his yard with a toy gun, he would not do anything.  However, if a teenager was out driving at night and pointing a gun at people as he drove by, he would be cited by the officer.  He said the ordinance has to have flexibility and one has to rely on the good faith of the police officers. 

Kirby explained that if someone removed the blaze orange tip from the replica gun and carried the gun in a public place, even though it is a toy gun, they would be subjecting themselves to a $500 penalty (rather than a $250 penalty).  He repeated the police officers would use their discretion to determine whether or not a toy gun looks like a real gun depending on the situation.  

Rappleyea stressed that whether or not a toy gun looked like a real gun would depend on perception and circumstances.  He said if someone received a citation, they would have the opportunity to have a hearing before a judge. 

Motto showed a translucent toy guy and asked if such a gun could be shot at a person in a public place.

Kirby replied that this ordinance does not prohibit discharging or pointing a replica translucent gun at a person in a public place.  He cautioned that one had to look at the big picture; in the right circumstances, it is possible to commit another crime such as menacing with such a gun. 

Mayor Drake said it would be different if his son was playing with that gun in the street during the day versus an adolescent cornering and threatening people at 2:00 a.m. in the morning.

Kirby agreed and stressed the individual circumstances would make the difference.

Kimberly Motto, Beaverton, said their biggest concern was that any day of the week you would see several boys in the neighborhood playing with these guns in the yards and street.  She said the thought that parents could be fined for this was a shock.  She said as a citizen, the ordinance was confusing and it was difficult to determine what was and wasn't permissible.  She said she thought the issue was not the guns, it was the lack of respect for the police.  She asked if someone was jogging through the neighborhood and reported the boys with their guns, what would be the police protocol. 

Mayor Drake said daily the police have to use a great deal of discretion and it was unlikely that they would handle someone playing in the daylight with a toy gun in the same way that they would handle someone at night using a toy gun in a menacing situation. 

Mrs. Motto said she would like that to be clarified and communicated through the School District. 

Mayor Drake explained the Beaverton School District supported this ordinance and the District would be distributing information to educate the students.

Zack Motto, Beaverton, said on behalf of those who play with these guns, he disagreed with making the airsoft guns illegal for they were fun; he and his friends enjoy target practice and airsoft battles.  He said most people who use these guns abide by the safety precautions and rules; if they disobey the rules they know there will be consequences, such as having the guns taken away.  He said he had never shot anyone who was not wearing protective gear or who did not want to play.  He concluded that he felt these guns should be allowed, but those who disobey the rules set by the community should have consequences.

Coun. Dalrymple said that after hearing the Motto family's testimony, he wanted them to know that the City was not outlawing airsoft guns just establishing new rules that people would need to comply with concerning replica guns.  He said if the ordinance was adopted and a person has a replica gun that looks like a real gun, it would not be good idea to display it in a public place.  He said children could still play the games they enjoyed; they would just need to comply with the new rules

Coun. Bode thanked Zack Motto for his testimony.  She asked him where he and his friends could play their games if the ordinance passed. 

Zack Motto replied they could play in their backyards.

Coun. Bode said that was right and she wanted him to understand that the ordinance only covers public places.  She thanked him for testifying. 

Coun. Arnold asked what Section 5.08.225B had to do with the replica guns.

Rappleyea explained that Subsection B involved discharging a weapon; it did not deal with airsoft guns.  He said that subsection of the ordinance was pre-existing (part of the original ordinance adopted in 1985) and it was not being changed by this ordinance.  He said Section 5.08.225D was added to the ordinance to allow the discharge of airsoft guns and to specify what type of projectile could be used in the airsoft guns.
Coun. Doyle responded to Zach Motto that he felt this ordinance would take a middle-of-the-road approach, it would allow police to exercise a lot of common sense, and still allow kids to be kids.  He thanked Zach for his testimony.

Jeff Loveland, Beaverton, said after he listened to the discussion, he now would support the ordinance and he thought the 30-day public information campaign was a great idea as the public needed to be informed.  He noted that in the staff report, Officer Halbert reported there were 18 incidences between July, 2005 and July, 2006 where police had responded to gun calls; he said in reading about these calls, he thought 13 of them could have been prevented through public education.  He said he thought the $280 (cost for each call) could be better used to educate the public to prevent false alarm calls.

Coun. Doyle thanked Loveland for testifying and said he was glad people were beginning to understand the ordinance and he was also pleased to hear support for the public education campaign.   

Coun. Stanton said that along with the schools, the City would provide literature to every merchant or vendor who sold replica guns that can be distributed to the public. 

Loveland said he knew several people who educate their children through private schools or at home and they should receive this information. 

David Chaney, Portland, said he was opposed to the ordinance.  He said he was in favor of some type of action, but he was not sure the ordinance was the right step.  He said he was a military veteran, a reserve law enforcement officer, and he owns several airsoft guns.  He said he understood the concerns of the police officers and he has faced the same situation as a reserve officer.  He said he was not sure banning airsoft guns in public places was enough.  He said he was also representing the Military Vehicle Collectors Club of Oregon that has 1200 members in Oregon and Washington.  He said these members own and restore military vehicles and display them at events throughout the state.  He said some of vehicles have guns on them that look real but they were dummies and could not be fired.  He said these guns add to the historical aspect of their displays.  He said the events where they display their vehicles were not theatrical in nature.  He said to have a fully restored jeep with a bright orange gun on it would be ridiculous.  He said the members in the Club would not point their guns at anyone.  He said he was amazed that parents were not stepping in and educating their children about not playing with these guns in the street.  He said there were many factors in the ordinance that were problematic.  He said the ordinance as written prohibits re-enactment events and interferes with their ability to display their vehicles in a patriotic show or parade.  He said he would like to protect that era of their hobby vehicles and protect airsoft guns in general for those who enjoy that activity. 

Mayor Drake said Chaney made some good points and he thought there was a way to allow the Club's displays in the ordinance, for police would not see this as a threat.   

Rappleyea said this has to be taken in context and it was a matter of perception and circumstances.  He said the police would not cite someone in a Veteran's Parade.   

Chaney suggested an age limit be established for purchasing the guns; those under 18 could only purchase the colored and translucent guns and those over 18 could purchase the more realistic looking airsoft guns.  He said all airsoft guns have booklets that say that police will treat the gun as an actual firearm and outline rules regarding use and transportation of the guns.  He said it was common sense that parents should review this with their children rather than adopting an ordinance to deal with the issue.

Coun. Arnold noted that in the last year there had been 30 incidences so far.  While it might seem that common sense should enter into the picture the reality was it appeared that was not occurring. 

Ken Kirkman, Portland, said that legally he could carry an open gun on his hip at this meeting but the police did not want him to create a cause for concern, so he chose to conceal during this presentation.  He said banning replica guns was absurd.  He said the problem was people's behavior and not the guns.  He said a replica gun ban was a knee-jerk reaction to ban the device and not condemn the unacceptable behavior.  He said the police cannot take the time to see if a gun is safe; banning the guns and saying that orange guns are safe puts the police in danger.  He said banning a toy gun makes honest people into criminals though they are behaving properly with the gun.  He said this ordinance would not make the city safer; it would put the police at a greater risk because they will believe an orange gun is safe and that is not a certainty.  He said another reason this was absurd was because real guns are legal and can be carried out in the open.  He said since it could not be determined if a gun was real or a replica without an inspection, the replica ban could subject people to a police stop without any justification.  He said since his gun was real he would not be breaking any laws, but if it was a toy he would be breaking the toy gun ban.  He said police stops should not be necessary unless the behavior of the person was criminal in nature; this could result in lawsuits against the City.  He referred to the 30 gun calls received in the last year and asked how many of those were in public places.  He said replica guns can be made out of bars of soap and shoe polish; replicas like that have been used to commit crimes.  He said he preferred a more concentrated effort on education and banning possession was unacceptable.  He said it was not an officer's duty to determine if a gun was real or not; his duty was to protect himself. 

Coun. Stanton advised Kirkman that the 18 calls in the staff report were in public places.

No one else wished to testify.

Kirby said he spoke with Chaney and an exception could be created under the exception section to include historical reenactments.  He said this Club was also a non-profit organization and a section could be added to the ordinance to state that the historical reenactments were under the auspices of a 501(c)(3) organization.  He said that would address Chaney's concerns.   

Mayor Drake asked if that could preclude other groups like the cub scouts or individuals from doing a reenactment in a parade.

Kirby said scout groups would be covered as they were 503(c)(3) organizations.  He said for individuals wanting to dress in military garb with gun to participate in a parade, there would be an opportunity to say that the parade was a City sanctioned event and the City was a non-profit organization, therefore it would be permissible.

Rappleyea said there was always the police officer's discretion and in the case of a reenactment a police officer could see that it was not an actual firearm.  

Coun. Doyle asked that staff discuss this further; if additional time is needed, that can be provided as the ordinance could be amended at any time. 

Coun. Stanton said she did not mind waiting a week to allow staff to look at this further.  She said she would like to see military reenactments and displays excluded.

Rappleyea said the revised ordinance could be brought back for first reading at the next regular meeting. 

There was Council consensus to proceed in that manner.   

Coun. Dalrymple said he did not want to close the public hearing as that would not give people the opportunity to comment on the revised language.  He asked if someone, who had not testified at this hearing, wished to speak on the revised text, could they do so.

Rappleyea explained they would not have the opportunity to speak verbally in front of the Council but they could submit written comments to the Council and Mayor.

Coun. Stanton noted the Council could hold the public hearing open to the next meeting to allow people to comment only on the revised language.

Coun. Dalrymple said he favored that approach.

Couns. Stanton and Bode said they felt people wanted the Council to take action at this meeting.

Mayor Drake closed the public hearing.

Coun. Stanton MOVED, SECONDED by Coun. Bode, that Council approve the ordinance regulating the possession of replica firearms in public places, as delineated in Exhibit 1 Draft Ordinance dated January 17, 2007, with the changes mentioned to the City Attorney regarding military reenactments and displays. 

Coun. Stanton said she grew up in family of hunters with real and toy guns.  She said she had no problem with hunting for food; however, she does have a problem with guns that are used to kill people.  She said there were few hand guns that could be used for hunting, so handguns were valueless to her.  She said she was comfortable with this ordinance and the changes discussed, because she cares about people and their safety.  She said she did not want a police officer to have to shoot someone in a real threat.  She said it would be much worse if an officer, or someone else, shot a person and then discovered they had a pretend gun.  She said through this ordinance the Council could mitigate the opportunities for citizens to be harmed.  She said she was looking at this as a way to lower the odds.  She noted the ordinance with the changes discussed would be brought back for first reading at the next regular meeting. 

Coun. Doyle said he would support the motion for the reasons previously stated and because this was being driven by the police officers out on the street.  He said this was a good tool for the Police Department and the schools to discourage poor behavior in this activity. 

Coun. Stanton thanked Chaney for bringing forward the issue of reenactments. 

Coun. Dalrymple referred to Kirkman's comment regarding behavior modification and said that was covered in the education process of the ordinance and he was comfortable with that.  He said he wanted to be sure that the public process was being held open for the revised text, so people could speak to the proposed changes. 

Coun. Stanton said that was not what she intended in her motion.  She said when the Council makes conditions on a land use issue, it does not continue the public hearing process so that people can testify a second time.  She said this is the Council's decision.  She said she was supporting the ordinance as written with the changes brought up by Chaney.  She said the Council was now acting on the public comment and the Council would see the ordinance for first reading at the next regular meeting.   

Mayor Drake said this issue was well covered by the press after the work session and it would be covered again after this hearing.  He said there have been instances when the Council made changes based on public comments.  He said if there was an issue of concern, the ordinance could be revised at first reading and after the first reading.

Coun. Dalrymple said his concern was with the reenactment revision as that was new information. 

Coun. Bode said that the revision was the result of the work session and the public hearing.  She said she was ready to close the hearing and proceed with the ordinance. 

Coun. Dalrymple asked if people would be able to submit comments on the revisions. 

Mayor Drake said they could do so in writing.  He said he thought there would be little objection to the reenactment revision.

Coun. Dalrymple agreed and said he wanted to be sure the public process was maintained.

Coun. Arnold said she would support the motion.  She said good points were made in the testimony.  She referred to the comment that the behavior was the concern, not the weapon and noted that while that was true, unfortunately they were seeing that the behavior and guns combined were causing a great deal of concern world-wide.  She said people know the value of the police force and they understand that the police deal with the darker aspects of life.  She read from a book by Dr. Ellen Kirschman regarding police families and integrating fatal shootings: "Fatal shootings are hard to integrate.  Although precise figures aren't available, it has been reported that 50-80% of all officers who kill leave law enforcement within five years.  The act of killing another human being, even when the shooting is justified, creates morale pain and runs against the grain of our most essential values.  It is a myth that officers involved in legitimate killings have no problems and relish the hero worship of co-workers and the community.  In instances where the person killed was innocent or was killed by accident, the morale pain may be unbearable."  She said that was what they were talking about with these replica guns and while it happens rarely, it does happen and there have been several incidences in Beaverton. 

Coun. Arnold urged parents not to think that it is safe for their children to run around playing with their translucent or brightly colored guns for police officers cannot automatically assume that a clear or brightly colored gun is incapable of firing.  She reiterated that there have been instances where real guns were painted to look like  replicas and clear guns were modified to become a deadly firearm.  Consequently, police have to consider this when responding to calls.  She thanked everyone who participated and she complimented the police officers for bringing this forward.    

Question called on the motion.  Couns. Arnold, Bode, Dalrymple, Doyle and Stanton voting AYE, the MOTION CARRIED unanimously.  (5:0) 

ORDINANCES:

Coun. Doyle MOVED, SECONDED by Coun. Arnold, that the rules be suspended, and that the ordinances embodied in Agenda Bills 07023 and 07024  be read for the first time by title only at this meeting, and for the second time by title only at the next regular meeting of the Council. Couns. Arnold, Bode, Dalrymple, Doyle and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)          

First Reading: 

Rappleyea read the following ordinances for the first time by title only:        

07023  An Ordinance Annexing a Parcel Located at 12730 SW Fairfield Street  to the City of Beaverton and Adding the Property to the Central Beaverton Neighborhood Association Committee: Expedited Annexation 2006-0003 (Ordinance 4421)

07024  An Ordinance Amending Ordinance No. 4187, Figure III-1, the Comprehensive Plan Land Use Map and Ordinance No. 2050, the Zoning Map for 25 Properties Located in North Beaverton; CPA 2006-0016/ZMA 2006-0021 (Ordinance 4422)

07025  PULLED - An Ordinance Regulating the Possession of Replica Firearms in Public Places (Ordinance 4423) (Ordinance was revised per discussion during public hearing on Agenda Bill 07022.  Revised ordinance will be brought back to Council at the next Regular Meeting on February 12, 2007.)

Second Readings:     

Rappleyea read the following ordinances for the second time by title only:

07010  An Ordinance Amending Ordinance No. 4060, Engineering Design Manual and Standard Drawings (Ordinance No. 4417)

07011  An Ordinance Amending Ordinance No. 2050, the Development Code, by Amending and Adding Provisions Relating to Transportation TA2006-0011 (Ordinance 4418)

07012  An Ordinance Amending Ordinance No. 4187, Figure III-1, the Comprehensive  Plan Land Use Map and Ordinance No. 2050, the Zoning Map for Property Located in the General Vicinity of West Stark Street, North of US 26 and West of SW Corby Drive; CPA2006-0014/ZMA2006-0017 (Ordinance No. 4419)

07013  ZMA 2006-0018, Corridor Court Rezone; An Ordinance Amending Ordinance No. 2050, the Zoning Map for Two Properties Located in North Beaverton from Office Commercial (OC) to Community Service (CS) (Ordinance No. 4420)        

Coun. Doyle MOVED, SECONDED by Coun. Stanton, that the ordinances embodied in Agenda Bills 07010, 07011, 07012 and 07013 now pass. Roll call vote. Couns. Arnold, Bode, Dalrymple, Doyle and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

ADJOURNMENT: 

There being no further business to come before the Council at this time, the meeting was adjourned at 9:51 p.m.

APPROVAL:

Approved this 12th day of February, 2007.

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Rob Drake, Mayor